Building and Construction

The building and construction industry is subject to a wide array of laws and regulations that are not only constantly being revised by local, state and federal government but can increase costs and slow down your project.

Our extensive experience acting for builders, contractors, sub-contractors, developers, consultants and property owners means that we keep up to date with all changes in the building and construction industry and understand the commercial realities that our clients face.

Whether you need assistance in relation to tendering, contracting or disputes (including payment disputes), we are able to provide you with comprehensive advice and unique solutions so that you can meet expectations and achieve real results.

You will also benefit from our experience in complementary areas of law (such property, planning and development) so that you can focus on what matters.

The building and construction industry is subject to a wide array of laws and regulations that are not only constantly being revised by local, state and federal government but can increase costs and slow down your project.

Our extensive experience acting for builders, contractors, sub-contractors, developers, consultants and property owners means that we understand the commercial realities that our clients face. Whether you need assistance in relation to tendering, contracting or disputes (including payment disputes), we are able to provide you with comprehensive advice and unique solutions so that you can meet expectations and achieve real results.

Contracting

Contract errors and omissions are the most common cause for disputes in the building and construction industry. They can increase your costs, slow you down and compound issues on the building site.

Given our extensive experience in the building and construction industry, we see first hand how a properly drafted contract can prevent a major headache down the line, particularly given the time and cost pressures involved in construction.

Our understanding of the commercial realities of the construction industry allows us to provide you with the most workable construction contracts, as well as the best legal ones.

If your client or head contractor has provided you with a contract, you need to be aware that the contract has been drafted by lawyers that have their clients interests in mind – not yours. Before you sign that contract, it is important that you engage a lawyer that has experience in drafting and negotiating construction contracts so that your interests can be protected and documented.

We are familiar with all of the key Australian Standard forms of contract, including AS 4000, AS 2124, AS 4902, AS 4300, AS 4916 and many more. We also have experience in drafting bespoke and tailored contracts for ongoing use in the industry.

How we can help

  • Draft tender documents and other procurement documents that are easy to understand
  • Draft and negotiate construction contracts to protect your interests and avoid disputes (including to advise you on all types of construction contracts (including standard form contracts and sub-contracts)
  • Prepare, negotiate and advise on joint venture construction agreements
  • Prepare standard form contractor agreements for you to use with all of your consultants and contractors
  • Prepare, negotiate and advise on crane access licence agreements when you need access to a neighbouring property

Security of Payment

The Building and Construction Industry Security of Payment Act (1999) (Security of Payment Act) provides a regime for resolving payment disputes in the building and construction industry.

In general terms, the words ‘security of payment’ refers to a contractor’s right to receive payments that are due as outlined in their contract – after all contractors doing construction work or providing goods or services under a construction contract have the right to receive ‘progress payments’ for work delivered.

Our extensive experience for working with all stakeholders in the building and construction industry has shown us that many businesses are either not familiar with the Security of Payment Act or don’t understand how to exercise their rights or adhere to the obligations found in the Security of Payment Act.

If you are owed money or owe money under a construction contract, we can help you comply with the strict requirements of the Security of Payment Act and manage payment claims, payment schedules and the adjudication process in a cost effective, timely and stress free manner.

How we can help

  • Advise you on your rights and obligations as found in the Security of Payment Act
  • Ensure your payment claims comply with the strict requirements of the Security of Payment Act
  • Prepare and submit adjudication applications so you can receive payment
  • Respond to adjudication applications so you can resolve payment disputes
  • Advise you on whether you can suspend work if you haven’t been paid
  • Help you appeal unfavourable adjudication determinations

Home Building Work

As a home owner, entering into a contract for someone to build your home (or carry out renovations to your home) is as big of a decision as buying a new property. You want to make sure that the contractor you are entering into a contract with maintains the correct licence to carry out the work to your home.

As a contractor, you need to ensure that you act in accordance with the Home Building Act 1989 (NSW) (Home Building Act), its regulations and construction standards so that you minimise the risk of the home owner making a claim against you.

With over 2,500 residential building disputes being referred to Fair Trading each year, there is a good chance a home building dispute can end up before a court or tribunal, which is why it is of upmost importance for home owners and contractors to obtain legal advice before issuing or signing a home building contract.

Our extensive experience working with both home owners and builders means that we can assist by advising in respect to all aspects of residential building works, preparing and negotiating home building contracts and represent either party in making or defending a claim before the NSW Civil and Administrative Appeals Tribunal or the Supreme Court.

How we can help

  • Prepare and negotiate the terms of a home building contract that complies with the Home Building Act and its regulations
  • Advise you on whether you require a licence to carry out work
  • Advise you on any claims you may have against your builder (including in relation to defects)
  • Defend claims made against you if you are a builder
  • Guide you through Fair Trading’s dispute resolution process
  • Represent you in the NSW Civil and Administrative Tribunal (NCAT) or the Supreme Court